Assistive Technology Public Funding
Assistive Technology Public Funding
SPECIAL EDUCATION
What agency runs the program?
Special education services are provided by local public school
systems. Most cities and towns in Rhode Island run their own
special education programs. A few cities and towns have joined
together to provide special education services: Bristol and
Warren; Charleston, Hopkinton, and Richmond; Exeter and West
Greenwich; Foster, Scituate and Glocester; and Little Compton,
Tiverton, Portsmouth and Middletown.
School systems will evaluate a child to determine whether the child is eligible for special education services. A parent, teacher, or other professional working with a child (e.g. a doctor) can request an evaluation. To request an evaluation for your child, you should contact your public school system's special education office. It is best to put your request for an evaluation in writing, and to date and keep a copy of your request.
Who can get services from the program?
Children between the ages of 3 and 5 are eligible for special
education services, if they are developmentally delayed, or
meet any of the categories described below for 5 to 21 year
olds.
Children between the ages of 5 and 21, who have specific disabling
conditions, which interfere with their ability to learn in
school are eligible for special education services. The disabling
conditions are mental retardation, orthopedic impairments,
specific learning disabilities, hearing impairments, deafness,
speech or language impairments, visual impairments including
blindness, behavioral disorders, serious emotional conditions,
autism, and traumatic brain injury.
A child's eligibility for special education services will end before age 21, if the child graduates from high school.
What kinds of AT help can the program provide?
School systems must provide AT devices or services to a child
who needs them in order to participate in or benefit from the
school's special education services. Any item or piece of equipment
which will "increase, maintain or improve the functional
capabilities" of an eligible child will be considered
an AT device.
School systems can provide a range of AT services and devices.
For example, a school system can provide school work on audiotape
for a child who is blind, or can provide augmentative communication
equipment for a child with a communication impairment. Simple
items, such as writing or eating utensils with larger handles
can also be provided.
A child must receive any needed AT devices and services which
help in transporting the child to school.
Parent counseling and training on the use of AT services and devices may also need to be provided, particularly for the parents of children who will need to use AT services or devices in the home setting in order to benefit from special education services.
What is the cost for AT?
The school system cannot charge families for special education services. Therefore the school system must provide needed AT devices or services at no cost.
How can I make a request for AT?
Requests for an evaluation to determine whether your child needs AT can be made at any time. You should ask your school system's special education office for an evaluation. There are some specific times when it's most helpful to investigate AT needs:
- When the school system is initially evaluating your child to determine whether she or he can benefit from special education services, you should ask the school system to evaluate your child for any AT needs your child may have. For children with specific types of disabilities (e.g., orthopedic impairments, hearing disorders, and visual impairments) schools should automatically arrange for AT evaluations. These initial evaluations must be updated at least every three years.
- After the school system finds that your child needs special education services, you will be asked to attend a meeting to develop an "individualized education program" ("IEP") for your child. At the meeting to develop an IEP, you can ask the school system to provide specific AT services or devices that your child needs for school. You should make sure that the IEP contains a written description of the AT services and devices which your child needs for school. The IEP should also address any training needs, and whether an AT device will go home with your child.
- Your child's IEP should be reviewed at least once a year. In between these review meetings, if you think your child needs an AT service or device to help her or him make progress in school, you can request this service. You should send your request in writing to the special education office for your school system. The school system may set up an IEP meeting to review your request. The meeting must be scheduled within 15 days of your request.
How can I appeal a denial of AT?
If you disagree with the school system's decision to deny your child an AT service or device, there are several ways you can appeal that decision.
- School systems must follow the procedures and timeframes for providing special education services, which are established by the Rhode Island Department of Education (RIDE). You can file a "special education complaint" with RIDE when a school system doesn't follow these procedures. For example, school systems must issue reports of speech or learning disability evaluations within 20 days from the day when the parent agrees to have the evaluation. If a school system failed to give you this kind of report within 20 days, you could file a complaint with the RIDE.
- If the school system denies your request for a specific AT service or device, the school system should provide you with a written notice which gives the system's reasons for denying your request. To challenge this denial, you can request mediation and/or a hearing.
- Written requests for mediation should be sent to the Commissioner of Education. An impartial person will be appointed to help you and the school system reach an agreement. If an agreement cannot be reached, you can request a hearing. Mediation is optional -- you do not have to go through this step.
- A written request for a hearing should be sent to the Superintendent of the school system, which is responsible for providing special education services to your child. An impartial hearing officer will be appointed to conduct the hearing. You have the right to be represented by an attorney or other knowledgeable advocate at your hearing. You can bring witnesses to the hearing, and ask questions of the witnesses brought by the school system. You will usually need to present the testimony of at least one "expert," who agrees with your child's need for the AT service or device.
You can also raise the school system's failure to follow procedures
at the mediation and/or hearing.
The hearing officer should issue a written decision within 45
days of your request for a hearing. If you disagree with the
hearing officer's decision, you can appeal to the Commissioner
of Education. The Commissioner will appoint an independent
review officer to review the hearing decision.
If you disagree with the review officer's decision, you have the right to file an appeal in court. This appeal must generally be filed in court within 30 days of the review officer's decision. You should get legal help immediately if you want to appeal the review officer's decision.
Where can I get help?
Advocacy help:
The Rhode Island Parent Information Network (RIPIN) provides
parent support and advocacy on a variety of special education
issues.
For information or help on special education issues, contact:
Independence Square
500 Prospect Street
Pawtucket, RI 02860
Voice (401) 727-4144, TDD (401) 727-4151
(800) 464-3399
Website: http://www.ripin.org/
E-Mail: info@ripin.org
Legal help:
The Rhode Island Disability Law Center, Inc., (formerly RIPAS),
can provide free legal services if you have questions or need
help getting AT device or service from special education.
More information about special education services in general can be found in booklets published by the Rhode Island Disability Law Center called: A Parent's Guide to the Special Education Regulations, and Preparing for Your Child's IEP Meeting.
For more information or help contact:
349 Eddy Street
Providence, Rhode Island 02903
Voice (401) 831-3150 TDD (401) 831-5335
(800) 733-5332
E-mail: info@ridlc.org
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